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Always political.(Advice and Consent: the Politics of Judicial Appointments)(Book Review)

American Prospect, The,  September, 2005  by Rosenfeld, Sam

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ADVICE AND CONSENT: THE POLITICS OF JUDICIAL APPOINTMENTS BY LEE EPSTEIN AND JEFFREY A. SEGAL Oxford University Press, 192 pages, $23.00 WHEN JOHN ROBERTS TESTIFIED before the Senate in 2003 on his nomination to a federal appellate court, he described a process that had been used to vet judicial candidates while he served in the Reagan White House.

The president's team, according to Roberts, would pose hypothetical situations in which "the legal answer was A, but what this candidate might think we would regard as the politically more appealing result was B. And if that ...

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